KINGSTON >> A nurse, an unemployed computer science major and a retail sales associate were among the first five jurors selected Monday to sit on the jury that will decide the fate of Gilberto Nunez.

Nunez, a Kingston dentist who lives in Poughkeepsie, is on trial for murder in what Orange County Assistant District Attorney Maryann Albanese described to prospective jurors as “a love triangle gone bad.” Albanese was appointed special prosecutor in the case after the Ulster County District Attorney’s Office recused itself from the case due to a conflict.

Joshua Dubin, of Dubin Research & Consulting, a jury selection consultant working with Nunez’s defense team, said jurors will hear “evidence of a consenting affair between two adults one of whom married.”

Nunez, 49, is accused of poisoning to death Thomas Kolman, the husband of the Linda Kolman, the woman with whom law-enforcement officials have said Nunez was having an affair. Authorities say that on Nov. 29, 2011, Nunez met Thomas Kolman in the parking lot of Planet Fitness, at Dena Marie Plaza on Miron Lane in the town of Ulster, and forced him to ingest drugs generally used by dentists in their practice. Kolman, 44, of Saugerties, was found dead in his car in the parking lot.

Nunez was indicted for the crime more than four years later, in October 2015.

The case against Nunez is largely circumstantial, Albanese said, telling potential jurors they “will not hear a single eyewitness say they saw the defendant kill the victim” and that there is no DNA evidence to link Nunez to Kolman’s death.

In preliminary hearings, Albanese said she will introduce “headlight spread pattern” evidence and other evidence linking Nunez’s car to one seen in the Planet Fitness lot the night of Kolman’s death.

In addition to second-degree murder, Nunez also is on trial for two counts of possession of a forged instrument. Authorities said Nunez had a forged letter on CIA letterhead and fake identification showing himself to be a member of the intelligence agency.

Some 175 prospective jurors were called to the Ulster County Courthouse to be screened as potential jurors for the trial, which could last as long as a month.

During Monday’s proceeding, County Judge Donald Williams read the names of roughly 90 witnesses — mostly law-enforcement and public officials — who could be called to testify. Also included on the list of potential witnesses was Kolman’s widow, Linda; employees of QuickChek, Kohl’s, the Lia Infinity and Nissan car dealerships, a Valvoline oil change shop and U-Haul; local residents and physicians; and experts on photogrammetry and the drugs allegedly used to kill Kolman.

The jury pool was winnowed down to about 113 after more than 60 were excused due to health reasons or scheduling conflicts that would have prevented them from serving. Also, more than a dozenpeople in the pool were dismissed after telling the judge and lawyers they had knowledge of the case and couldn’t judge Nunez fairly.

The five chosen to sit on the panel were among 27 who were called to sit in the jury box as potential jurors.

The five — four men and one woman — are from Saugerties, High Falls, Kingston, Accord and Wallkill.

Three are married, two are single. All but one holds a college degree. Although they weren’t asked their age, two of the men appeared to be under 30 years old, while the other two seemed over 50. The woman appeared to be in her late 20s or early 30s.

Gerald Shargel, Nunez’s defense attorney, said he was satisfied with the jurors selected on Monday.

“Obviously, they were jurors we thought could be fair and impartial,” Shargel said. “We’re happy with the pace of jury selection and want to get this underway.

A new panel of prospective jurors will be in Ulster County Court on Tuesday, when selection process will resume. The Freeman will live tweet the proceedings, which are to begin at 9:30 a.m.

Williams said he expects opening statements in the trial to begin Wednesday afternoon.

About the Author

Since 1990, Patricia R. Doxsey has been a reporter for the Freeman, covering politics, crime, and government affairs. Reach the author at pdoxsey@freemanonline.com
or follow Patricia R. on Twitter: @pattiatfreeman.